UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL最新文献_第10页

COVID-19 and sites of confinement: Public health, disposable lives and legal accountability in immigration detention and aged care 2019冠状病毒病与禁闭场所:移民拘留和老年护理中的公共卫生、一次性生命和法律问责

IF 1.3

UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-04-01 DOI: 10.53637/GELR7037

S. Dehm, C. Loughnan, L. Steele

{"title":"COVID-19 and sites of confinement: Public health, disposable lives and legal accountability in immigration detention and aged care","authors":"S. Dehm, C. Loughnan, L. Steele","doi":"10.53637/GELR7037","DOIUrl":"https://doi.org/10.53637/GELR7037","url":null,"abstract":"The global COVID-19 pandemic starkly revealed the underlying structural harms and produced vulnerabilities for people living in closed congregate settings like immigration detention centres (‘IDCs’) and residential aged care facilities (‘RACFs’). This article compares the Australian legal regimes that regulate IDCs and RACFs, conceptualising both as authorising and enabling sites of control, confinement and social isolation. We argue that specific COVID-19 measures have intensified a logic of social exclusion and disposability towards people in IDCs and RACFs. Through comparing recent COVID-19 litigation, the article explores the possibilities and limitations of engaging legal strategies to achieve social reform and legal accountability within both sites of confinement. Ultimately, we suggest that such COVID-19 litigation has the greatest possibility of advancing social justice when it is embedded in a broader politics of de-incarceration and abolition oriented towards political inclusion, public health and building more equitable and just communities. © 2021, University of New South Wales Law Journal. All rights reserved.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":"44 1","pages":"59-102"},"PeriodicalIF":1.3,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44915880","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 11

Trade Mark Law’s Identity Crisis (Part 1) 商标法的身份危机（上）

IF 1.3

UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-04-01 DOI: 10.53637/EROC6525

M. Handler

引用次数: 0

SOCIAL ENTRAPMENT EVIDENCE: UNDERSTANDING ITS ROLE IN SELF-DEFENCE CASES INVOLVING INTIMATE PARTNER VIOLENCE 社会诱捕证据:理解其在涉及亲密伴侣暴力的自卫案件中的作用

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UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-04-01 DOI: 10.53637/VJII7190

H. Douglas, Stella Tarrant, J. Tolmie

{"title":"SOCIAL ENTRAPMENT EVIDENCE: UNDERSTANDING ITS ROLE IN SELF-DEFENCE CASES INVOLVING INTIMATE PARTNER VIOLENCE","authors":"H. Douglas, Stella Tarrant, J. Tolmie","doi":"10.53637/VJII7190","DOIUrl":"https://doi.org/10.53637/VJII7190","url":null,"abstract":"This article considers what evidence juries need to help them apply the defence of self-defence where a woman claims she has killed an abusive partner to save her own life. Drawing on recent research and cases we argue that expert evidence admitted in these types of cases generally fails to provide evidence about the nature of abuse, the limitations in the systemic safety responses and the structural inequality that abused women routinely face. Evidence of the reality of the woman’s safety options, including access to, and the realistic support offered by, services such as police, housing, childcare, safety planning and financial support should be presented. In essence, juries need evidence about what has been called social entrapment so they can understand how women’s safety options are deeply intertwined with their degree of danger and therefore with the question of whether their response (of killing their abuser) was necessary based on reasonable grounds. We consider the types of evidence that may be important in helping juries understand the concept and particular circumstances of social entrapment, including the role of experts in this context.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":"44 1","pages":"324-354"},"PeriodicalIF":1.3,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42126081","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The courts, the remote hearing and the pandemic: From action to reflection 法院、远程听证和大流行病:从行动到反思

IF 1.3

UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-04-01 DOI: 10.53637/ZATE4122

M. Legg, A. Song

{"title":"The courts, the remote hearing and the pandemic: From action to reflection","authors":"M. Legg, A. Song","doi":"10.53637/ZATE4122","DOIUrl":"https://doi.org/10.53637/ZATE4122","url":null,"abstract":"With the onset of the COVID-19 pandemic, courts around the world rapidly shifted to remote hearings. Balancing public health directives with the need to continue upholding the rule of law, what followed was the largest, unforeseen mass-pilot of remote hearings across the world. For courts this was necessarily a time of action, not reflection. However, after having maintained court operations, it is now necessary to reflect on the experience of remote courts and their users during an otherwise unprecedented situation. Unlike previous iterations of remote hearings, the COVID-19 experience was fully remote – whereby all participants took part in the hearing remotely. The difficulty is until now, almost no prior empirical data has existed on this type of fully remote hearing with the majority of previous research focused on the use of audiovisual links (‘AVLs’) to facilitate partially remote appearances within courtrooms. To bridge the research and data gap on fully remote hearings, this article draws on the previous body of literature to both examine the COVID-19 experience, and to assist in guiding future research and use of remote hearings. © 2021, University of New South Wales Law Journal. All rights reserved.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":"44 1","pages":"125-165"},"PeriodicalIF":1.3,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42972767","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 7

Regulating financial advisers in the UK: lessons for Australia 监管英国的金融顾问:给澳大利亚的教训

IF 1.3

UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-04-01 DOI: 10.53637/QTZF1576

Weiping He, Han-Wei Liu

引用次数: 0

Refugee protection in the covid-19 crisis and beyond: The capacity and limits of international law 2019冠状病毒病危机及其后的难民保护:国际法的能力和限制

IF 1.3

UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-04-01 DOI: 10.53637/NHGB1203

Michelle Foster, H. Lambert, J. McAdam

引用次数: 1

The 2018 Australian High Court Constitutional Term: Placing the Court in Its Inter-Institutional Context 2018年澳大利亚高等法院宪法任期:将法院置于机构间背景下

IF 1.3

UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-04-01 DOI: 10.53637/UEZU3787

Gabrielle Appleby

引用次数: 0

Wars, pandemics and emergencies: What can history tell us about executive power and surveillance in times of crisis? 战争、流行病和紧急情况:关于危机时期的行政权力和监督，历史能告诉我们什么?

IF 1.3

UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-04-01 DOI: 10.53637/VKBU2144

Yee-Fui Ng, S. Gray

引用次数: 0

‘Corporate culture’ is the ‘new black’ – its possibilities and limits as a regulatory mechanism for corporations and financial institutions? “企业文化”是“新黑人”——它作为企业和金融机构监管机制的可能性和局限性？

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UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-04-01 DOI: 10.53637/CXBQ7117

V. Comino

{"title":"‘Corporate culture’ is the ‘new black’ – its possibilities and limits as a regulatory mechanism for corporations and financial institutions?","authors":"V. Comino","doi":"10.53637/CXBQ7117","DOIUrl":"https://doi.org/10.53637/CXBQ7117","url":null,"abstract":"A common and recurring theme in analyses of the causes of the Global Financial Crisis (‘GFC’) is the poor culture of corporations and financial institutions. It is unsurprising then, that in its aftermath, arguments that regulatory reform, absent a changed culture, will be ineffective gained momentum. The succession of corporate and banking scandals post-GFC, both globally and locally, suggests that corporations and banks have failed to address their cultural failings. Meanwhile, the perceived failure of regulators to hold to account wrongdoing corporations and directors, by not prosecuting them, has weakened public confidence and trust in the financial sector, regulators and political oversight. Indeed, trust in public institutions in Western liberal democracies is at an all-time low. Australia, up to the beginning of the COVID-19 crisis, has not been immune from this phenomenon as the Hayne Banking Royal Commission hearings have demonstrated. The focus of this article is on the role of ‘culture’ in corporations and the extent to which corporate culture can be used as a regulatory tool. It will contend that despite a wealth of scholarly work and commentary on ‘corporate culture’, efforts to use it as a legal mechanism in prosecutions and as a regulatory device to instil a superior culture in corporations remain problematic. This is not to say that recent initiatives that focus on culture as a key item of interest in the regulation of corporations, such as embedding Australian Securities and Investments Commission specialist staff in the major Australian banks are not important;only that it is unlikely that we will see public confidence and trust in corporations and regulators being restored any time soon. © 2021, University of New South Wales Law Journal. All rights reserved.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":"44 1","pages":"294-323"},"PeriodicalIF":1.3,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48026941","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Australian residential tenancies law in the covid-19 pandemic: Considerations of housing and property rights 2019冠状病毒病大流行期间的澳大利亚住宅租赁法:对住房和产权的考虑

IF 1.3

UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-01-01 DOI: 10.53637/LKIG7939

Chris Martin

引用次数: 2